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IP: The Death of Copyright
From: Dave Farber <farber () cis upenn edu>
Date: Sun, 02 Jul 2000 22:00:17 -0400
Date: Sun, 02 Jul 2000 18:32:48 -0700 From: "Tim O'Reilly" <tim () oreilly com> To: farber () central cis upenn edu Subject: The Death of Copyright Energetic and readable article on the atrocities being performed on copyright law. Mostly focuses on music, but has some interesting historical anecdotes and some great sidebar quotes: http://www.macedition.com/soup/soup_20000627a.shtml I'm a publisher, and I agree that copyright law is getting way out of hand. Between software patents and extensions to copyright, we're undermining the foundations of our culture's past success, which has been based on free exchange of ideas. Here's to the coming dark ages! An excerpt:In the past century, though, the wealthy and powerful have beenlobbying longand hard through international consortiums such as WIPO to shift thebalance ofpower back to the publisher. Fourteen years became thirty. Then seventyfive years.Then it became the life of the copyright holder. Then it became life plus thirty. Now it's life plus seventy years, applied retroactively, andninety-fiveyears if the copyright holder is a corporation instead of a person. Nocopyrightheld by a corporation has passed into the public domain since the firstWorldWar. Nothing at all has passed into the public domain since the end of the second world war unless the author donated it. As bad as that is, thefalloutfrom the murder of copyright in the music industry is far, far worse.You see,most of the music you hear on the radio is considered "work for hire",whichmeans even though the artist created and performed the music, therecord studioowns all rights to it. This was unpleasant, but accepted by early recording artists, because, after all, work for hire reverted from its owner to its creator after 35 years. This was changed under the Digital MillenniumCopyrightAct so record companies, immortal entities, now own the copyrights ineffectiveif not literal perpetuity. Tom Petty and Metallica will never own themusic theywrote and performed while under a "work for hire" clause. Copyright is dead, a murder most foul, and the effect it's had on oursociety,civilization, and culture is heartbreaking.-- Tim O'Reilly @ O'Reilly & Associates, Inc. 101 Morris Street, Sebastopol, CA 95472 +1 707-829-0515, FAX +1 707-829-0104 tim () oreilly com, http://www.oreilly.com
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- IP: The Death of Copyright Dave Farber (Jul 02)